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LUGOSCH III v. PYRAMID CO. OF ONONDAGA

Docket No. 05-3620-CV.

435 F.3d 110 (2006)

Daniel J. LUGOSCH III, Robert L. Ungerer, John A. Bersani, Edward A. Kellogg, John C. Charters and Peter C. Steingraber, Plaintiffs-Counter-Defendants, Richard K. Askin and William Tapella, Plaintiffs, Capital Newspaper Division of the Hearst Corporation, Intervenor, The Herald Company, Intervenor-Appellant, v. PYRAMID COMPANY OF ONONDAGA, EklecCo LLC, James A. Tuozzolo, Robert Brvenik, Marc A. Malfitano and Scott R. Congel, Defendants-Counter-Defendants-Appellees, Robert V. Hunter, As Trustee of the Congel Family Trust which are General Partners of Woodchuck Hill Associates, Riesling Associates, Madeira Associates and Moselle Associates, George Schunck, As Trustee of the Congel Family Trust which are General Partners of Woodchuck Hill Associates, Riesling Associates, Madeira Associates and Moselle Associates, William Bucci, As Trustee of the Congel Family Trust which are General Partners of Woodchuck Hill Associates, Riesling Associates, Madeira Associates and Moselle Associates, S & R Group, Inc., Bontel Corporation and DiMarco, Abiusi & Pascarella, Certified Public Accountants, P.C., Defendants-Appellees, Riesling Associates, Madeira Associates, Moselle Associates, Robert J. Congel and Woodchuck Hill Associates, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 10, 2006.

Attorney(s) appearing for the Case

Michael J. Grygiel (John J. Privitera, William A. Hurst, on the brief), McNamee, Lochner, Titus & Williams, P.C., Albany, NY, for Appellant The Herald Company.

Christopher D. Moore (Paul F. Ware, Jr., David J. Apfel, Anthony S. Fiotto, Julie M. Wade, on the brief), Goodwin Procter LLP, Boston, MA, for all Appellees.

Before: MINER, KATZMANN, and WESLEY, Circuit Judges.

KATZMANN, Circuit Judge.

This case involves the efforts of certain news organizations to intervene to secure access to documents filed under seal in regard to a motion for summary judgment. It calls upon us to determine, inter alia, whether the media intervenors can appeal a district court order that was not a final judgment, whether such documents constitute "judicial documents," and whether an immediate right of...

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